Current through December 4, 2024
Section 290 IAC 1-1-1 - DefinitionsAuthority: IC 10-14-4-11
Affected: IC 10-14-3-1; IC 10-14-3-17; IC 10-14-4-2; IC 10-19-2-1; IC 10-19-3-1
Sec. 1.
(a) The definitions in this section apply throughout this rule.(b) "Active disaster" means any damaging event currently under consideration by the department for funding under the state disaster relief fund.(c) "Applicant" means an eligible entity whose executive submits an application for a grant under this rule.(d) "Applicant's agent" means the person authorized by the executive of the applicant to act on behalf of the applicant for a grant.(e) "County emergency management director" means the individual described in IC 10-14-3-17(d)(2).(f) "Damage assessment" means a comprehensive assessment of all damages to public property, which includes verifiable estimates of repair or replacement costs. This also includes costs for removing debris deposited in the public right-of-way, but generally does not include other disaster response costs unless the response cost is also shown to appropriately be classified as a damage.(g) "Department" means the department of homeland security established under IC 10-19-2-1.(h) "Director" means the executive director of the department appointed under IC 10-19-3-1.(i) "Disaster" has the meaning set forth in IC 10-14-3-1.(j) "Disaster response costs" means the additional and necessary expenses incurred by an eligible entity during a disaster for debris removal deposited in the public right-of-way, equipment costs, and other costs generally not included as part of the damage assessment but are incurred as part of the eligible entity's response. This includes: (1) costs for overtime or backfill employees that would not have been incurred outside the disaster; and(2) state verification surveys conducted by the state or a local unit of government at the written direction of the department. The term does not include snow removal.
(k) "Eligible entity" has the meaning set forth in IC 10-14-4-2. For purposes of this rule, the term excludes individuals.(l) "Public property" means any property an eligible entity owns, maintains, operates, or may be financially responsible for, and includes the following: (1) Transportation systems, roads, streets, highways, bridges, and other public ways and their necessary appurtenances.(2) Buildings and structures.(3) Water control facilities, dams, levees, dikes, ditches, and other drainage or flood control devices.(4) Parks and recreational facilities.(5) Utilities, such as sewer systems, lift stations, water treatment, storage, and distribution facilities.(6) Other infrastructure.(m) "State public assistance plan" means the plan prepared by the department, which contains the current equipment usage rates approved by the Federal Emergency Management Agency.(n) "Uninsured loss" means a financial loss to an eligible public assistance applicant due to the costs of repair, restoration, or other actions relating to damages to public property, and which financial loss is not compensated by insurance. The term does not include a deductible amount the insured applicant must pay before any insurance proceeds are paid.Department of Homeland Security; 290 IAC 1-1-1; filed Jan 25, 2001, 11:15 a.m.: 24 IR 1608; readopted filed Sep 25, 2007, 9:07 a.m.: 20071010-IR-290070492RFA; filed Jan 3, 2011, 12:54 p.m.: 20110202-IR-290100481FRAReadopted filed 6/23/2017, 9:50 a.m.: 20170719-IR-290170254RFAReadopted filed 5/12/2023, 9:46 a.m.: 20230607-IR-290230126RFAFiled 11/8/2024, 2:23 p.m.: 20241204-IR-290240262FRA